Rajabhau Ashruba Sapte And ORS v. The State Of Maharashtra And ANR

C.A. No.580/2018 with connected C.As.

:: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.580 OF 2018 IN FIRST APPEAL ST. NO.28457 OF 2017 Babasaheb s/o Ashruba Kadam & ors.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. D.R. Jaybhar, Advocate for applicants Mr. P.N. Kulkarni, A.G.P. for respondent No.1. .......

AND CA NO.572/2018 IN FIRST APPEAL ST. NO.28442/2017, CA NO.574/2018 IN FIRST APPEAL ST. NO.28448/2017, CA NO.576/2018 IN FIRST APPEAL ST. NO.28445/2017, CA NO.578/2018 IN FIRST APPEAL ST. NO.28454/2017, CA NO.579/2018 IN FIRST APPEAL ST. NO.28460/2017, CA NO.581/2018 IN FIRST APPEAL ST. NO.28463/2017, CA NO.582/2018 IN FIRST APPEAL ST. NO.28451/2017 . . . . . . .

CORAM :

R. G. AVACHAT, J.

DATE :

20th DECEMBER, 2021 PER COURT :

In spite of service of notice, none appears on behalf of respondent acquiring body. Learned A.G.P. objects to condone the delay.

2.

The delay is not more than 105 days in preferring the appeals for enhancement of compensation on account of

C.A. No.580/2018 with connected C.As.

:: 2 ::

land acquired for public purpose. For the reasons given in the applications, the delay is condoned. It, however, appears that, the applications for condonation of delay were filed way back in August 2017, but circulated for the first time in September 2021. The applicants, therefore, shall not be entitled for the component of interest for the delayed period of 105 days, plus the delay in circulating the application i.e. from 22/8/2017 till 3/9/2021. Appeals be registered. 2.

After registration of appeals, issue notice to respondents returnable on 7th March 2022.

3.

Learned A.G.P. waives service for respondent No.1 - State.

( R. G. AVACHAT ) JUDGE fmp/-